Justice of the peace (or as the case may be) (5685 R. L. 1910.)

677. Witness to Give Undertaking-On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the State, a written undertaking, without surety, to the effect that he will appear and testify at the court to which the complaint and deposition, if any, are to be sent, or that he will forfeit such sum as the magistrate may fix and determine. (5686 R. L. 1910.)

678. Sureties May Be Required for Witness-When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify, unless security be required, he may order the witness to enter into a written undertaking, with such sureties and in such sum as he may deem proper, for his appearance, as specified in the last section. (5687 R. L. 1910.)

679. Same; Infants and Married Women-Infants and married women, who are material witnesses against the defendant, may in like manner be required to procure sureties for their appearance, as provided in the last section. (5688 R. L. 1910.)

680. Witness Committed, When-If a witness, required to enter into an undertaking to appear and testify, either with cr without sureties, refuse compliance with the order for that purpose, the magistrate must commit him to prison until he comply, or is legally discharged. (5689 R. L. 1910.)

681. Subsequent Security May Be Demanded-When, however, any material witness on the part of the people has been discharged on his undertaking, without surety, if afterwards, on the sworn application of the county attorney or other person on behalf of the State, made to the magistrate or to any judge, it satisfactorily appears that the presence of such witness or any other person on the part of the people is material or necessary on the trial in court, such magistrate or judge may compel such witness, or any other material witness on the part of the State, to give an undertaking with sureties, to appear on the said trial and give his testimony therein; and for that purpose the said magistrate or judge may issue a warrant against such person, under his hand, with or without seal, directed to a sheriff, marshal or

other officer, to arrest such person and bring him before such magistrate or judge. (5690 R. L. 1910.)

682. Witness May Be Confined-In case the person so arrested shall neglect or refuse to give said undertaking in the manner.required by said magistrate or judge, he may issue a warrant of commitment against such person, which shall be delivered to said sheriff or other officer, whose duty it shall be to convey such person to the jail mentioned in said warrant, and the said person shall remain in confinement until he shall be removed to the grand jury and to the court for the purpose of giving his testimony, or until he shall have given the undertaking required by said magistrate or judge. (5691 R. L. 1910.)

683. Magistrate Must Return Papers to Court-When a magistrate has discharged a defendant, or has held him to answer, he must return immediately to the clerk of the district court of the county, the warrant, if any, the complaint, the depositions, if any have been taken, of all the witnesses examined before him, the statement of the defendant, if he have made one, and all undertakings of bail or for the appearance of witnesses, taken by him, together with a certified record of the proceedings as they appear on his docket. (5692 R. L. 1910.)

684. Who May Resist-Lawful resistance to the commission of a public offense may be made:

First. By the party about to be injured.

Second. By other parties. (5556 R. L. 1910.)

685. Resistance by Party to Be Injured-Resistance sufficient to prevent the offense may be made by the party about to be injured:

First. To prevent an offense against his person or his family, or some member thereof.

Second. To prevent an illegal attempt, by force, to take or injure property in his lawful possession. (5557 R. L. 1910.)

686. Resistance by Other Person-Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. (5558 R. L. 1910.)

687. Intervention by Officers-Public offenses may be prevented by the intervention of the officers of justice:

First. By requiring security to keep the peace.

Second. By forming a police in cities and towns, and by requiring their attendance in exposed places.

Third. By suppressing riots. (5559 R. L. 1910.)

688. Persons Assisting Officers-When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing. (5560 R. L. 1910.)

689. Police The organization and regulation of the police in the cities and towns of this State are governed by special statutes. (5578 R. L. 1910.)

690. Police to Attend Public Meetings-The mayor or other officer having the direction of the police in a city or town, must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach is reasonably apprehended. (5579 R. L. 1910.)

691. Officer May Command Assistance-When a sheriff or other public officer authorized to execute process, finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper, and may in manner and form as provided by law, and not otherwise, call any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters. and their aiders and abettors, to be punished according to law. (5580 R. L. 1910.)

692. Officer Must Report Names of Resisters-The officer must certify to the court from which the process is issued, the names of the resisters and their aiders and abettors, to the end that they may be proceeded against for contempt. (5581 R. L. 1910.)

693. Refusal to Assist Officer-Every person commanded by a public officer to assist him in the execution of a process, as provided in Section 691, who, without lawful cause, refuses or neglects to obey the commands, is guilty of a misdemeanor. (5582 R. L. 1910.)

694. Assistance From Other Counties-If it appears to the governor that the power of the county is not sufficient to enable the sheriff to execute process delivered to him, or to suppress riots and to preserve the peace, he must, on the application of the sheriff, or the judge of any court of record of such county, order such a force from any other county or counties as is necessary, and all persons so ordered or summoned by the governor or acting governor, are required to attend and act; and any such persons who, without lawful cause, refuse or neglect to obey the command, are guilty of a misdemeanor. (5583 R. L. 1910.)

695. Governor May Call on the Military-Under the facts and circumstances mentioned in the last section, and when the civil power of the county is not deemed sufficient, it shall be the duty of the governor to furnish a military force suf

ficient to execute the laws and to prevent resistance thereto, to suppress riots, execute process and preserve the peace. (5584 R. L. 1910.)

696. Unlawful Assemblage-Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, the officials governing the city or town, or the justices of the peace and marshals and constables and police thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them in the name of the State, immediately to disperse. (5585 R. L. 1910.)

697. Proceedings If Assembly Does Not Disperse-If the persons assembled do not immediately disperse, the magistrates and officers must arrest them or cause them to be arrested, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county. (5586 R. L. 1910.)

698. Refusal to Assist-If a person so commanded to aid the magistrates or officers neglect to do so he is deemed one of the rioters and is punishable accordingly. (5587 R. L. 1910.)

699. Neglect of Officer a Misdemeanor-If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in Section 696, neglect to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. (5588 R. L. 1910.)

700. Officers May Disperse Assembly and Arrest Offenders -If the persons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in Section 696, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary, to disperse the assembly and arrest the offenders. (5589 R. L. 1910.)

701. Precautions Before Endangering Life-Every endeavor must be used, both by the magistrate and civil officers, and by the officer commanding the troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered. (5590 R. L. 1910.)